Is Your Society Ignoring Building Maintenance Mumbai Rules?

Mumbai’s skyline is dotted with old buildings, many of which urgently need repairs. But when these structural issues arise, confusion starts: who pays for structural repairs? Flat owners are often asked to bear the cost individually when, legally, the responsibility belongs to the society. This article explains the legal aspects of building maintenance Mumbai, outlines society repair responsibilities, and guides you through practical solutions.

Legal Framework for Building Maintenance Mumbai

In Mumbai, building maintenance Mumbai and structural repairs are governed by:

• Maharashtra Cooperative Societies Act, 1960

1. Model Bye-Laws 154 to 161 establish that the housing society is responsible for structural repairs.
2. Bye-Law 159(a) specifies repairs like slab cracks, roof leakages, external walls, and drainage lines fall under society’s domain.

• Mumbai Municipal Corporation Act, 1888 (MMC Act)

1. Section 342 mandates BMC permissions for structural modifications.
2. For safety threats, BMC can enforce repairs or declare buildings unsafe.

• MHADA Act, 1976

1. Applies to cessed buildings in Mumbai.
2. The Maharashtra Building Repairs and Reconstruction Board (MBRRB) may assist or directly undertake repairs in such buildings.

1. Who Pays for Structural Repairs in Old Buildings?

• In any building maintenance Mumbai scenario, society repair responsibilities are clearly defined:

1. Housing Society Pays: Structural elements (columns, beams, terrace, foundations, external walls) are collective assets. Repairs to these parts are the legal responsibility of the society.
2. Sinking Fund and Repairs Fund: Societies collect monthly contributions towards a sinking fund and maintenance fund. These funds should be used for major structural repairs.
3. Additional Contributions: When these funds fall short, societies may legally raise extra funds through general body resolutions.

For cessed buildings, MHADA steps in with permissions and potential financial help.

2. Common Problems Faced by Flat Owners in Mumbai

• Society Delays Repairs: Despite structural audit reports recommending urgent repairs, many societies delay, citing lack of funds or internal disputes.
• Flat Owners Forced to Pay Individually: Societies wrongly ask individual members to pay for repairs that fall under society repair responsibilities, leading to disputes.
• Neglected Structural Audits: Buildings over 30 years old must undergo structural audits every five years (or three years if severely aged), but many societies skip this.
• Distinguishing Structural vs Internal Repairs: Societies often confuse internal flat issues with structural repairs, wrongly denying responsibility.

3. Practical Steps for Addressing Building Maintenance Mumbai Issues

• Review Society Bye-Laws

1. Confirm if your society follows the latest Model Bye-Laws.
2. Focus on Bye-Law 159(a) and Section 158, which list the items societies must maintain.

• Demand a Structural Audit

1. Mandatory for buildings over 30 years old.
2. Audit by BMC-approved structural engineer confirms repair needs legally.

• Call a General Body Meeting

Request a formal meeting to discuss audit results and pass a resolution for repair work.

4. Seek MHADA Support (For Cessed Buildings)

Apply to MHADA’s repair board for permissions and possible financial help.

• Issue Formal Notices

Members can issue legal notices to society management for negligence in conducting repairs.

• Legal Complaint

File a complaint with the Registrar of Cooperative Societies or approach the cooperative court if the society fails to act.

5. Legal Remedies in Building Maintenance Mumbai Disputes

• Registrar Complaint: Seek an order directing the society to fulfil its repair duties.
• Consumer Court: Claim deficiency of service if the society ignores its society repair responsibilities.
• Cooperative Court: For disputes under the Maharashtra Cooperative Societies Act.
• BMC Enforcement: If the building risks safety, BMC may enforce structural repairs directly.

6. Timelines and Documentation

• Audit Frequency: Every 5 years (or 3 years if over 30 years old).
• BMC Permissions: Mandatory for structural repairs.
• Resolution Time: Cooperative disputes may resolve in 6 to 12 months.

Tip: Maintain audit reports, meeting minutes, and all legal correspondences to protect your legal position.

Things to Avoid and When to Seek Help

• Do Not Ignore Safety Threats: Delay in structural repairs may lead to BMC notices and even building evacuation.
• Avoid Unauthorised Repairs: Individual repairs of structural components without BMC approval can attract penalties.
• Seek Legal Advice Promptly: Consult a lawyer experienced in structural repairs old building legal matters for guidance and documentation.

Conclusion

In Mumbai, building maintenance Mumbai is largely the responsibility of the housing society, especially when it involves structural repairs in old buildings. Legal provisions shield flat owners from wrongful expenses. Stay informed, conduct timely audits, and act if your society neglects repairs. Consult a professional lawyer to safeguard your rights.

Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice, recommendation, or representation by Tigde Law Firm or any of its members. While we have made every effort to ensure the content is accurate and relevant, laws and regulations often change, and individual circumstances differ widely. We strongly advise readers to consult a qualified legal or professional advisor before taking any action based on this article, so they receive guidance custom to their specific situation. Tigde Law Firm disclaims any liability for any loss or damage arising directly or indirectly from reliance on any information contained herein.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

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